Celebrating Equality – Victory for Intended Parents
BKW Family Law is thrilled to announce our recent win before an en banc panel of the Pennsylvania Superior Court, in a groundbreaking triumph for families and LGBTQ+ rights in the Commonwealth. The ruling in favor of our client, the intended parent of a child born to a same-sex couple, solidified their legal recognition and parental rights. This momentous decision not only marks a significant victory for our client and BKW but also stands as a beacon of progress and inclusivity in family law.
The case centered around a same-sex married couple, where our client was the non-biological parent. We sought to confirm our client’s parentage prior to the birth of the child. Despite the increasing acceptance of diverse family structures, same-sex couples often face legal hurdles when it comes to establishing parental rights. This case, however, challenged the status quo and aimed to redefine the legal landscape for LGBTQ+ families as well as married couples with fertility challenges.
BKW’s legal team argued that under already existing case-law, the non-biological parent must be considered a parent to the child. Further, we argued for the adoption of an intent-based approach to determining parentage, emphasizing the importance of treating all parents, regardless of sexual orientation or biological connection, with the same rights and considerations.
Central to this case as with any was the assertion that recognizing the legal rights of both parents is in the best interest of the child. The appellate court en banc considered the contractual obligation entered into by the parties as well as the clear intent by both that the non-biological partner was indeed intended to be a parent to the child.
In this huge win for our client and LGBTQ+ families throughout the Commonwealth, this decision granting legal recognition to the non-biological parent affirms the principles of equality, acknowledging that parental rights should not be contingent upon biological ties or the gender of the parents. BKW will continue to advocate for and value all families as we always have.
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